TERMS & CONDITIONS
CROWNMILL TRADING (PTY) LIMITED
Terms and Conditions, Including the Rules of Auction
Updated: 22 October 2021
TERMS AND CONDITIONS, INCLUDING THE RULES OF AUCTION, USE OF WEBSITE AND
THIS DOCUMENT CAREFULLY. YOUR USE OF THIS WEBSITE AND/OR ANY BID PLACED WITH
CROWNMILL TRADING ("THE COMPANY") CONFIRMS YOUR UNCONDITIONAL
expressly stated or unless the context indicates otherwise, the following
words or expressions have the following meanings in these Auction Terms
“Auctioneer” means Crownmill Trading (Pty) Ltd;
“Auction” means an electronic auction of the Goods to be
conducted by the Auctioneer via the Website from time to time, on the date and
time as stipulated in the relevant listing;
“Bid” or “Bidding” means a bid made by a User in respect
of any Auction, which represents the total, monetary amount, exclusive of VAT,
that the relevant User is willing to offer to the Seller for the Goods in
question, to be paid by such User in terms of clause 47 to 50 (Payment of
“Bidder(s)” means Users who are duly registered to
participate in an Auction and has paid the deposit;
“Bidders Record” means a document which contains the
names and bidder numbers of all Users who are registered to participate in a
“Business Day” means any day other than a Saturday,
Sunday or official public holiday in the Republic of South Africa;
“Buyer” means the person who achieved the highest bid and
is regarded as the purchaser of the Goods in question;
“Company” means Crownmill Trading (Pty) Ltd with
registration number 2015/116638/07 and current address at 8B Phumelela Park, Cnr Montague Drive and Racecourse Road, Montague Gardens,
“CPA” means the Consumer Protection Act, 68 of 2008 and
can be accessed at https://www.gov.za/sites/default/files/gcis_document/201409/321864670.pdf;
“Delivery” means the change in possession of the relevant
purchased Goods from the Seller to the Buyer at such location as agreed between
the Parties in writing;
“ECTA” means the Electronic Communications and
Transaction Act, 2 of 2002 and can be accessed at https://www.gov.za/sites/default/files/gcis_document/201409/a25-02.pdf;
“Effective Date” means the date of Payment of the
approved Bid purchase price;
“FICA” means the Financial Intelligence Centre Act, 38 of
2001 and can be accessed at https://www.gov.za/sites/default/files/gcis_document/201409/a38-010.pdf;
“Goods” means the vehicles, trucks, buses, yellow
equipment and/or any other item listed for sale on the Website;
“Listing” means a notice published on the Website from
time to time of upcoming Auctions, of which shall contain particulars of the
Goods to be offered for sale on Auction, date and time of commencement, date
and time of closing, and any other related matters;
“Party” means the Buyer, Seller and/or the Company as the
context may refer, and Parties shall include a combination of either one of
them or as a whole as the context may refer;
“Person” means either an individual or juristic person as
the context may apply;
“POPIA” means the Protection of Personal Information Act,
4 of 2013. The Act can be accessed at https://www.gov.za/sites/default/files/gcis_document/201409/3706726-11act4of2013popi.pdf;
“Purchase Price” means the highest Bid amount (exclusive
of VAT) duly accepted by the Seller and/or the Company to be paid by the Buyer;
“Regulations” shall mean the regulations to the CPA and
can be accessed at https://www.gov.za/sites/default/files/gcis_document/201409/34180rg9515gon293.pdf;
“Reserve Price” means the minimum price, exclusive of
VAT, at which the Seller is prepared to sell particular Goods;
“Seller” means the owner or authorised person of the
Goods, who wishes to sell the Goods;
"Terms and Conditions” means this terms and
conditions of which is inclusive of the rules of auction and the conditions of
“User” means the registered subscribed user, juristic or
natural, of the Website and includes the Buyer and Seller;
“VAT” means value added tax, in terms of the Value Added
Tax Act, 89 of 1991;
“Website” means auction.co.za;
“Weekday” means from Monday to Friday.
Assent to terms and
Buyer, by its application for registration and subscription to the Website
and the submission of deposit and/or electronic bids, warrants that it has
read and understood these Terms and Conditions and agrees to be bound
- The Seller, by listing the Goods on the Website,
warrants that it has read and understood these Terms and Conditions and,
where applicable, agrees to be bound thereby.
Company is in the business of offering for auction on behalf of the
Seller, from time to time, the Goods using an electronic internet-based
about the particular Goods on the Website are as provided by the Seller to
the Company and the Company makes no representations or warranties with
respect to the accuracy or completeness of any description. The
responsibility for the information provided in the listing of the Goods
lies with the Seller.
Auctioneer is the Company, which auction takes place online.
representative of the Company can be contacted at email@example.com,
or (021) 551 8059 / 0823217079
Website is run by the Company.
- These Terms and Conditions may be periodically
modified and/or amended by the Company from time to time and it is the
User's responsibility to ensure that they are familiar with the updated
and/or amended terms. The User’s continued use of the Website signifies
their acceptance of these Terms and Conditions and any updates and/or
Auction Operating Hours
Auctions shall operate within the confides as below:
All Auctions and biddings shall only close on weekdays at
No Auction shall close on the weekend.
In the event where a bid is submitted within 5 (Five)
minutes before the 15:00 closing time, an additional 10 (Ten) minutes shall be
added to the bidding process, until activity ceases and/or 90 (Ninety) minutes
post auction closing time has passed (This continuation of competitive process
shall be at the sole and exclusive discretion of the Company).
The Users must refer to each Goods Listing for the open
and closing date of respective Goods.
Auction rules and procedure
sales are subject to a reserve price unless otherwise stated, and the
Seller reserves the right to reject any bid below the minimum Reserve
Company is the Auctioneer and the auction is a closed auction as defined
in the Regulations.
the User falls within the ambit of the CPA the rules of auction shall
comply with the CPA and with the Regulations (insofar as the CPA is
45 subsection (2) of the Act provides that: “When goods are put up for
sale by auction in lots, each lot is, unless there is evidence to the
contrary, regarded to be the subject of a separate transaction.”
Company and/or the Seller reserves the right, in its sole and absolute
discretion and without reason to withdraw from an auction at any time
before acceptance of a bid and/or to reject any bid received.
for the situation provided for in clause 46 and 47 below, notice of
acceptance of a successful bid will be forwarded, by electronic mail, to
the Buyer notifying him of his successful purchase of the Goods. The
receipt of such notice by the Buyer shall bind him to purchase the Goods
from the Seller at the amount bid by the Buyer on the Website.
of the electronic mail notice referred to in clause 16 above sent as a
result of, among other things, a Website error or a defect in the Website
or server will not be binding on the Company and/or the Seller and the
Company reserves the right to retract the notice in such circumstances.
The User shall have no recourse against the Company and/or the Seller in
such circumstances whatsoever.
- The auction will commence at the published time and
will not be delayed to allow any specific person or more persons to take
part in the auction.
User who wishes to participate in particular Auction(s) or make use of the
auction platform must register as a subscriber on the Website of the
Company. The User will be required to:
complete, in full, the registration documents provided on
certify that the information provided by the User in all
respects are true and correct;
furnish the Company with such supporting documentation as
may be required by the Company for any legitimate reason whatsoever including,
without limitation, documentation required for FICA purposes;
certify if the User is acting in the capacity of a
natural or judicial person domiciled or registered in the Republic of South
acknowledge that the bidding for any Goods on the Website
and any sale concluded as a result thereof will give rise to a contractual
relationship between the Seller and the Buyer.
per the aforementioned, the User acknowledges that registration must meet
the requirements of FICA in respect of the establishment and verification
of identity of the person of which shall include (but not limited to) the
Full name(s) of the User;
Identity / passport / registration number;
Income tax number;
VAT number (if applicable);
Any other information as required by law.
order to comply with legislation including, but not limited to the CPA,
POPIA and FICA, the Company may from time to time request updated
information from the User or from registered credit bureaus, to verify the
User must notify the Company as soon as reasonably possible of any changes
to the Users information.
documentation held by the Company may be provided by the Company, to a
Seller with whom the Buyer has successfully concluded a transaction on the
Website. The documents and information shall only be provided in relation
to and as is necessary for the concluded transaction.
Company shall comply with any lawful request for information, with regards
to Goods or Users.
accepting these Terms and Conditions, the User consents to the use and
transfer of information to third parties, as set out in clauses 21 to 24.
person who intends to bid on behalf of another person (i.e. on behalf of a
company) must produce a letter of authority that expressly authorises him
or her to bid on behalf of that person and that person and the person
bidding on its behalf must meet the requirements set out in clause 20
Where a person is bidding on behalf of a company the letter of authority must
appear on the letterhead of the company and must be accompanied by a
certified copy of the resolution authorising the person to bid on behalf
of the company.
are required to register to bid at the auction and will be required to pay
a refundable deposit of R20 000.00 before commencement of the auction.
deposit shall be refunded to the bidder after close of Auction or may be
kept in the Trust Account of the Company to enable the bidder to
participate in other Auctions upon request.
- In the case where the bidder is regarded as the
Buyer on any Goods that was sold at the Auction, the deposit shall be
refunded after payment is received from the Buyer or by choice/request of
the Buyer it can be applied towards settlement of the amount/s due in respect
of the Goods purchased. All refunds of the deposit will only be processed
through a written request from the bidder / Buyer.
General Auction Terms
Bidder’s Record and the vendor roll will be made available for inspection
at the offices of the Company during normal business hours without the
charge of a fee, subject to compliance requirements with POPIA.
the reason for the auction is the normal and voluntary disposal of the
Goods by the Seller, the reason shall be displayed with the Goods.
conduct of the auction is subject to the control of the Auctioneer who has
the sole right to regulate the Bidding procedure and may on a reasonable
basis accept or reject bids in its sole discretion without providing
bids submitted from duly approved registered Users will be accepted. The
Company employees, or their representatives are NOT permitted to bid on
auction. No “Ghost or Vendor Bidding allowed”.
Auction shall be by the rise and the Goods shall be sold to the highest bidder
subject to this Terms and Conditions.
prospective bidder must read the Terms and Conditions and are advised not
to bid unless done so.
bid shall constitute an offer to purchase the Goods for the amount bid in
coherence with these Terms and Conditions, which the Seller or the
Auctioneer may accept or reject in their absolute discretion.
no Bid equals or exceeds the Reserve Price, the Goods may be withdrawn
from the auction.
the event of any dispute in relation to an auction sale, the decision of
the Auctioneer shall be final and binding.
Auctioneer is entitled to correct any bona fide error in the conduct or
conclusion of any Auction, or arising from any incorrect reference to the
Goods for Auction. In the event that the error is not capable of being
corrected, then the Auction shall be deemed not to have taken place and no
Party participating at the Auction in question, will have any claim
against the Auctioneer and/or the Seller arising from the cancellation of
Goods shall be made available for inspection by means of providing
reasonable notice to arrange for inspection, or as advertised on stated
to these Terms and Conditions, the person that has submitted the highest
bid at the closing time of the auction shall be regarded as the Buyer.
bids that are made and received are exclusive of Commission and VAT. (In
the case of export VAT, arrangements must be made in writing).
- Foreign Buyers wiring funds must include an
additional R1050.00 (One Thousand and Fifty Rand) per wire transfer to
cover Bank Charges. These charges are subject to change from time to time.
General procedures at close of
the case where the highest Bid for the Goods at close of Auction falls
short of the Reserve Price, the Auctioneer shall immediately notify the
Seller and the Seller shall have 2 (Two) business days from the conclusion
of the respective Auction to either accept, reject or provide a
counter-offer to the highest bid (the “Confirmation Period”). The Auctioneer
shall also notify the Buyer if its bid are subject to this Confirmation
Buyer’s offer shall remain open for acceptance by the Seller or by the
Auctioneer on behalf of the Seller, until expiry of the Confirmation
Period. The Auctioneer shall notify the Buyer of decision or counter-offer
made by the Seller, in terms of clause 39 and 46 No bid may be withdrawn
until the expiry of the Confirmation Period.
Successful Bid shall constitute an offer to purchase the Goods for the Purchase
Price. The Goods must be paid in full by the Buyer to the Auctioneer
immediately upon receive of Tax Invoice from the Auctioneer.
completion of the auction a completed sale shall be indicated on the
Website showing the Goods as “SOLD”.
the case where no bids were received for particular Goods, such Goods as
per discretion and request of the Seller shall be marked as “Open to
Offer” (for a limited time) where offers may be submitted for the
respective Goods. A offer made may be accepted per discretion by the
Seller and the Seller shall not be obligated to accept any offer in this
- The Buyer shall be responsible for any registration
required for the Goods. The Seller shall provide the required information
or documentation (if any) to assist with such registration. Neither the
Seller nor Auctioneer shall be held liable if the Buyer receives any fines
for failure to register respective Goods.
Payment of Purchase Price
prices are quoted and are payable in South African Rand unless otherwise
stated and are exclusive of VAT.
- The Company has a Trust Account. All money due to be
paid by the Buyer in terms of the rules of auction will be paid into this
52. Payment by Buyer:
The Purchase Price of respective Goods must be paid by
the Buyer by means of a bank guaranteed cheque, electronic funds transfer,
immediately upon the tax invoice received from the Auctioneer. No cash payments
will be accepted.
The tax invoice shall consist of the Purchase Price,
Auctioneer Commission and the VAT applicable thereto, as well as the Reference
Code to use when making the payment.
The Buyer shall make full payment of the Total Amount
reflected in the tax invoice to the Auctioneer into its nominated Trust
The Buyer shall issue the Auctioneer with a confirmation
of payment when payment is made to the following email address firstname.lastname@example.org.
No Goods may be collected until funds have cleared in the
Auctioneer’s Trust Account.
As soon as all funds for tax invoice for specific Goods
has cleared in Auctioneer’s Trust Account, a Release Note pertaining further
instructions will be issued by the Auctioneer to both the Buyer and Seller in
Payment by Auctioneer:
The Auctioneer shall duly notify the Seller by means of
Formal Confirmation when payment has cleared in the Account of the Auctioneer,
of which said confirmation shall include acknowledgement from the Auctioneer
for the respective amount (inclusive of VAT) to be paid to the Seller.
The Seller shall invoice the Auctioneer as soon as the
seller has received Formal Confirmation as per clause 1 above. The tax invoice
shall consist of details of the Goods sold, Auction number, amount to be paid,
the VAT applicable thereto and Reference Code to use when making payment.
The Auctioneer shall make payment of the full amount as
reflected in the tax invoice from the Seller within a period not exceeding 7
(seven) business days from date of sellers tax invoice into the nominated
account of the Seller.
Delivery and collection
Buyer shall collect the Goods purchased, within 5 (five) business days
after all amounts as per clause 54 above have reflected as Cleared Funds
in the Trust Account of the Auctioneer. The Buyer must arrange with the
Auctioneer for a date and time
Goods must be collected at the Buyer’s own cost, at the premises confirmed
by the Auctioneer and/or Seller.
- Should the Buyer fail to collect the Goods within a
reasonable time as per clause 56 above then the Goods shall be stored, of
which storage and associated costs shall be for the Buyer's sole account
and will not exceed an amount of more than R100.00 (One Hundred Rand) per
day (VAT exclusive). The Goods shall not be released to the Buyer until
such time as the storage and associated costs have been paid by the Buyer.
Transfer of Ownership
of ownership in and to the Goods shall remain vested in the Seller until
such time as the successful bid Purchase Price has been paid in full by
way of payment of Cleared Funds into the Auctioneers Trust Account.
- Ownership in and to the Goods shall be deemed to
pass from the Seller to the Buyer once the Auctioneer has confirmed
receipt of all Cleared Funds owing to the Seller.
otherwise stated, the Buyer shall pay auctioneer’s commission to the
Auctioneer at the rate specified on the respective Goods Listing and of
which shall also be reflected on the tax invoice received from the
- In the event that a sale transaction is cancelled or
reversed and such cancellation or reversal is not in respect of a breach
as per clause 68 and 69 below, then the Buyer shall not be liable for
payment of the Auctioneers commission due, provided that the Buyer has
notified the Company of such cancellation in writing, within 2 (two)
business days of sale at email@example.com.
so far as the CPA and Regulations are applicable to a transaction and in
conflict with the provisions below, the provisions of the CPA will take
Goods are sold voetstoots (“as is” basis) and as listed on the Website
and/or inspected by the potential Buyer (in their sole discretion);
Seller and/or the Company shall not be liable for any latent or patent
defects in and to the Goods;
Seller and/or the Company does not warrant the accuracy of the description
of the Goods (as per the vehicle details listing and/or the advertisement);
Seller shall not make any wilful misrepresentations of the Goods prior to
the conclusion of the sale, whether express, oral, implied or in any other
- The Company shall not be held liable for any
representations made by the Seller to the Buyer prior to the conclusion of
the sale, whether express, oral, implied or in any other form whatsoever.
Assignment and succession
Buyer may not actually or purportedly cede, assign or otherwise alienate
any rights or obligations which it may have in terms hereof or in terms of
any Contract with the Seller, without the prior written consent of the
Company and/or Seller, which consent will not be unreasonably withheld.
- These Terms and Conditions and the Contract, where
applicable, shall be binding on the User’s heirs, trustees, liquidators,
curators and/or successors in title.
Domicilium citandi et executandi
User elects as its domicilium citandi et executandi the
physical address as stipulated in the registration documents completed by
the User on the Website for service of all notices or legal processes.
- The Company elects as its domicilium
citandi et executandi
its registered address specified at clause 8.
the User breaches any of these Terms and Conditions, it may be held liable
to pay the total cost of advertising and conducting the auction of the
applicable Goods that were to be auctioned and/or purchased, and such
additional costs as provided for by the Consumer Protection Act
- The Buyer shall forfeit their Registration Deposit
in the event that an invoice is not fully settled or in the event of
breaching these Terms and Conditions.
Governing Law and
Website, these Terms and Conditions, and any contract entered into between
the Company and the Buyer and/or Seller shall be subject to the laws of
the Republic of South Africa.
User hereby consents to the jurisdiction of the Magistrates Court having
jurisdiction in respect of any action to be instituted against the Parties
- In the event of the User committing any breach or in
the event of the Company being required to take any legal action, the User
agrees and undertakes to pay the Company's legal costs on the scale as
between attorney and client, including collection commission, tracing
fees, valuation charges, transport costs and other expenses in connection
Limitations and Indemnity
addition to any other specific exclusions of liability contained herein
and unless otherwise expressly stated herein, the Parties agree that the
Buyer shall have no claim against the Company for any loss or damage, of
any nature whatsoever, occasioned by any defect, whether patent or latent,
or product liability in the Goods supplied by the Seller or any failure to
provide adequate instructions in respect of any hazards that might arise
from the use or incorrect use of the Goods or the User's use or inability
to use any Goods sold on the Website, save to the extent that the User is
a consumer for the purposes of the CPA and such loss or damage is
contemplated in section 61 of the CPA and provided that nothing in these
terms and conditions must be construed as in any way limiting the rights
of the Company to raise such defences as may be available to it at common
law or in terms of any statute.
the event of the breach of these terms and conditions by the Company, the
User's remedies shall be limited to damages which shall under no
circumstances exceed the purchase price of the Goods.
User hereby indemnifies and holds the Company harmless against any losses,
expenses, costs or damages of whatsoever nature incurred by the User
howsoever arising, including from any wilful misconduct or gross
negligence of the Company. The Company shall under no circumstances
whatsoever be liable for damages, directly or indirectly caused, or
consequential loss of any nature whatsoever. Where applicable, this clause
75 will not apply to a User insofar as it is in conflict with the CPA.
- The User hereby indemnifies and holds the Company
harmless and waives any right that it may have to claim against the
Company in relation to any loss which it may suffer occasioned by the unauthorised
use of the User's Website secret password and username.
Use of website
for the provisions of section 43(5) and 43(6) of ECTA, neither the Company
nor its duly authorised agents or representatives shall be liable for
damages, loss or inability to use the Website, the services or content
provided therein. The Company furthermore makes no representation or
warranties whatsoever that the content and/or the technology available on
the Website is free of errors, omissions, and viruses of any nature or
free of interruption.
and all information on the Website should not be regarded as professional
advice or the official opinion of the Company and it is the User's
responsibility to ensure the correctness of any of the content displayed
on the Website.
User agrees to use the Website only for lawful purposes and in a manner
which does not in any way infringe on the rights of or restrict or inhibit
the use and the enjoyment of the Website for any third party including,
without limitation, conduct which is unlawful or which may harass or cause
distress or inconvenience to any person. The Company will not be
responsible in any way whatsoever for the content of external websites
linked to the Website, whether directly or indirectly. It is the User's responsibility
personal information thereto.
right or license is hereby granted to any User, whether juristic or
natural, to any trademark, mark, branding, design or any other intellectual
property of the Company whatsoever.
material located on the Website including, without limitation, text, logos
and images may not be copied, reproduced, republished, downloaded, posted,
broadcast or transmitted in any way whatsoever except for the User's
personal non-commercial use.
- The User agrees not to adapt, alter or create any
derivative work from any of the Company's material contained on the
Website nor to use any of the Company's content for commercial use in any
way whatsoever, without the Company's prior written approval.
Company shall take reasonable steps to protect the personal information of
the User collected by the Company through its Website. For the purposes of
this clause "personal information" shall be defined as detailed
personal information will not be made available to any third party without
the User's consent, unless required by law, in legal process or
proceedings or to protect the rights, property or safety of the Company or
other parties. The User acknowledges that the Company will supply the
Seller and all other necessary third parties with the User's personal
information for the purpose of concluding a sale of Goods.
User recognises that it is the User's sole responsibility to protect its
Website username and password.
User agrees that the Company may use its confidential information to
communicate with the User from time to time, unless otherwise specified by
the User in writing.
- It is recorded that the Website may collect cookies
and/or make use of tracking. All Users of the Website accept that the
Company may collect the User's computer IP address in order to, among
other things, measure the number of visitors to the Website for marketing
research purposes. The Company shall only use the information for the
intended purpose of collection.
- Please open the following link to view our PAIA
Policy: PAIA Manual.